Carrollton City Council Regular Worksession & Meeting - December 6, 2022

The Carrollton City Council met on Tuesday, December 6, 2022, at Carrollton City Hall, 1945 E. Jackson Road, beginning with a 5:45 p.m. worksession followed by a 7:00 p.m. regular meeting. No official minutes were provided; this summary is drawn from the agenda packet and the meeting transcript.

Worksession: Legislative Update

• Robert Howden of Waterloo Capitol Public Affairs, the city's legislative consultant, previewed the 88th Texas Legislative Session. He said more than 1,000 bills had already been pre-filed, the state has a projected $26 billion surplus that could reach $30 billion, and property tax relief is likely to be a major priority.
• He discussed the ERCOT and Public Utility Commission sunset reviews, Winter Storm Uri preparation, school safety and mental health, possible restrictions on tax-funded lobbying, and the destination sales tax issue affecting Carrollton. He said the outcome of the sales tax rulemaking and legislation remained uncertain.

Worksession: NOTICE Program Update

• Staff reported that the NOTICE program, created in 2002, targeted 22 at-risk neighborhoods. The final three neighborhoods are under design, with about two to three years of construction remaining.
• Accomplishments included improved streets, water, sewer, and drainage systems, sustained property values, and reduced code violations; two neighborhoods saw code violations fall by roughly 75% and 60%.
• Staff proposed sunsetting NOTICE and moving to a new program. The Redevelopment Committee recommended the name RISE (Residential Infrastructure and Subdivision Enhancement). The new scoring model will focus on infrastructure condition, which will account for 96% of the score, and project impact, which will account for 4%, rather than code enforcement or neighborhood quality data. It will target larger neighborhoods built in the 1970s and 1980s and rely on GO bonds and neighborhood partnership funds after CDBG infrastructure eligibility ended.

Worksession: Denton County Library Participation

• Library Director Jonathan Scheu reported that 5,791 Denton County non-Carrollton patrons made up about 12.6% of library cardholders and about 15% of system circulation. Hebron & Josey Library, located in Denton County, had about 20% non-Carrollton circulation.
• The FY23 Denton County payment is $88,400, a 35% increase from $65,600 in FY22. The city spends about $33.09 per resident on library services, while revenue per non-Carrollton Denton County patron is about $15.27. The current $40 annual non-resident fee applies to other non-residents.
• Council discussed options: continue the interlocal agreement, stop participation after October 1, 2023, apply the $40 fee universally, or pursue alternative arrangements with neighboring cities. Direction from council was to begin preparing to exit the Denton County ILA while leaving time for a transition and alternatives.

Worksession: Council Reports and Information Sharing

• Council heard updates on community events, including the Sand on the Square holiday event and drone show, the Raising Cane's opening and donation, Pocket Sandwich Theatre sold-out performances, the city employee one-time payment and holiday appreciation luncheon, and the Metrocrest Chamber retreat.
• Council agreed to cancel the December 20, 2022 regular council meeting.

Presentations

• Councilmember Adam Polter presented 2022 Environmental Leadership Awards to 13 regulated facilities: Buzzballz, Century Products, ElectroPlate Circuitry, Image Industries, International Paper - Belt Line, QPC, Quantum Clean, Ralcorp, Texas Finishing Company, United 1 Laboratories, Wash Solutions, Western Extrusions, and WMC Industries.
• The 2021-2022 Environmental Distinction Award was presented to Century Products and Western Extrusions for pollution prevention, water and energy conservation, and community sustainability. Although the agenda memo referred to a single Environmental Distinction Award recipient, two companies were recognized.
• Certificates were presented to Mayor's Advisory Council graduates.

Public Comments & Testimony

• During the public comment period before the consent agenda, Diana Marin, speaking on behalf of the MetroTech Association of Realtors, which was also referred to as MetroTex in the worksession, expressed support for the city's short-term rental ordinance. She said the association represents 27 members and that the ordinance aligns with private property rights and homeownership.
• In the public forum, Les Black, CFBISD school board president, announced the district's superintendent search and asked residents to complete a survey; the district hopes to announce a lone finalist by mid-March 2023.
• Gabriel Gonzalez asked for a full report on the process used to select the new police chief.
• Lauren Hale raised concerns about city staff morale, retention, growing vacancies, and the police chief selection process.
• Sonal Parag, Korean Festival director, thanked the council for the $25,000 special event funding and promoted the December 17 Korean Festival at the H Mart area.
• A resident, Mr. Vidovich, made critical remarks about the police department and the police chief selection, and also criticized elected officials.

Consent Calendar

• Council reviewed consent items during the worksession and then approved the Consent Agenda, items 11 through 29, unanimously.
• Key approved items included: authorizing purchase of P25 radios from Motorola Solutions through DIR, not to exceed $3,450,344.68; construction contracts for the Webb Chapel Road residential screening wall (ICARUS Construction, $616,054.45), Denton Drive drainage improvements (La Banda, $1,216,030.00), and Nob Hill Addition Section 1 street replacement (3D Paving, $4,779,864.00); Change Order No. 2 for the Entryway Monument Sign Project (Tegrity Contractors, $77,686.57, increasing the project total to $507,974.17); an ERP project management agreement with Protiviti, not to exceed $1,075,830; and a three-year CDW-G Cisco phone services contract totaling $181,809.
• The consent package also included ordinances restating Chapter 34 boards and commissions; amending the FY2022-23 operating budget by $15,000 to fund a total $25,000 Korean Society of Dallas special event request; establishing short-term rental lodging license fees; amending the hotel code to regulate short-term rentals; and applying hotel occupancy tax to short-term rentals and bed-and-breakfasts.
• Resolutions approved included: Country Villas street reconstruction engineering services with Burgess & Niple ($463,230); a lease to MAD Concepts Group for a Tacos and Avocados restaurant at 1309 S. Broadway; an amended and restated DART subrecipient agreement for the Downtown Carrollton Multi-Modal Transit Hub FTA grant; a Dallas County master interlocal agreement for road and bridge funding; a Dallas County tax foreclosure property sale ILA; a four-year Twin City Security court security services agreement ($58,009.50 annually, total not to exceed $232,038); and the FY23 Denton County library services ILA ($88,400).
• Note: The Dallas County road and bridge agenda memo described a 10-year master interlocal agreement, while the draft resolution in the packet set the master agreement term through December 31, 2027.

Public Hearings and Individual Consideration

Item 30 - CDBG CAPER

• Staff presented the Program Year 2021 Consolidated Annual Performance and Evaluation Report (CAPER). The agenda memo reported a PY2021 CDBG allocation of $834,928; the staff presentation cited $847,231. Expenditures included $299,886 for the park project, $44,261 for housing rehabilitation, and $73,344 for enhanced code enforcement. The agenda memo called the park project Rhoton Park, while the CAPER report and staff presentation referred to Thomas Park.
• COVID-related CDBG-CV funding totaling $1,260,250 was provided to Metrocrest Services and WOVEN Medical Clinic. The meeting cited $527,768 for Metrocrest, while the CAPER draft text cited $527,650; WOVEN had drawn $628,944. No public speakers came forward, and the council approved the CAPER resolution unanimously.

Item 31 - Vapor Depot Smoke Shop SUP

• Council held a public hearing on a Special Use Permit for a smoke shop retailer in an 850-square-foot suite at 1208 E. Belt Line Road, Suite 112. Staff and the Planning and Zoning Commission, by a 9-0 vote, recommended approval with stipulations: hours limited to 10 a.m. to 7 p.m. daily and no food establishment.
• Applicant Sikander Lalani answered questions; the discussion addressed nearby businesses and smoking restrictions. Council approved SUP No. 489 unanimously.

Item 32 - Texas Collision Centers SUP

• Council held a public hearing on a Special Use Permit for an automobile paint and body shop at 1875 N. IH-35E, a 21,500-square-foot building on about 1.62 acres. Stipulations require all repairs indoors, stored damaged or serviced vehicles inside an enclosed fenced area on the west side, rooftop equipment screening, and compliance with sign rules.
• Co-owner Dan McCollus spoke in support, describing a high-end boutique collision center, six DFW locations, and local charitable investments. Council approved SUP No. 490 unanimously.

Item 33 - CZO Text Amendment on Public Notice

• Council held a public hearing on amendments to Article XXXI of the Comprehensive Zoning Ordinance regarding public notice for zoning text amendments. The changes reaffirm that property owner mail notices are required for zoning map changes within 200 feet, while text amendments can be noticed by newspaper publication only, consistent with state law and the City of Austin v. Acuna court decision.
• Staff noted the Dallas Morning News is the city's official newspaper and that the notice appears in print and online. The Planning and Zoning Commission had recommended approval by a 9-0 vote. Council approved the ordinance unanimously; the mayor noted the two-thirds affirmative vote requirement was satisfied.

Key Outcomes

• Consent Agenda items 11-29 approved unanimously.
• Item 30, the CDBG CAPER resolution, approved unanimously.
• Item 31, the Vapor Depot Special Use Permit, approved unanimously.
• Item 32, the Texas Collision Centers Special Use Permit, approved unanimously.
• Item 33, the CZO public notice text amendment, approved unanimously.
• Council directed staff to pursue ending the Denton County library interlocal agreement, with a transition period and alternative arrangements to be explored.
• Council did not object to the RISE program name and future neighborhood infrastructure prioritization framework.
• The December 20, 2022 council meeting was canceled.